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Upon the Petition of Rodriguez, 07-2174

Court of Appeals of Iowa
Dec 31, 2008
No. 8-826 / 07-2174 (Iowa Ct. App. Dec. 31, 2008)

Opinion

No. 8-826 / 07-2174

Filed December 31, 2008

Appeal from the Iowa District Court for Polk County, Arthur Gamble, Judge.

Father appeals the district court ruling establishing child custody and visitation. AFFIRMED.

Nichole Miras Mordini of Davis, Brown, Koehn, Shors Roberts, P.C., Des Moines, for appellant.

Tina L. B. Fisher, Des Moines, for appellee.

Heard by Vaitheswaran P.J., and Potterfield, J., and Robinson, S.J.

Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2007).


[EDITORS' NOTE: THE PUBLICATION STATUS OF THIS OPINION HAS NOT BEEN DETERMINED. THE PRECEDENTIAL VALUE OF CASES WHICH ARE NOT YET PUBLISHED IS GOVERNED BY IOWA CT. R. 6.14 (5).]


Andres Rodriguez and Martha Solis are the parents of a daughter born in October 2002. Andres initiated this proceeding to establish custody, support, and visitation rights between the parents. The court granted joint legal custody and awarded physical care to Martha. Andres was awarded visitation and ordered to pay child support. Andres appeals from the custody provisions of the court's ruling.

Our review of the trial court's custody determination is de novo. See Jacobson v. Gradlin, 490 N.W.2d 79, 80 (Iowa Ct.App. 1992). The primary and governing consideration in child custody cases is the best interests of the child. Iowa R. App. P. 6.14(6)( o). The district court made extensive findings of fact and credibility determinations; based on those findings, the court awarded physical care of the child to Martha. We give weight to the fact findings of the trial court, especially when considering the credibility of witnesses. Iowa R. App. P. 6.14(6)( g). After a thorough review of the record and giving proper deference to the trial court's findings, we adopt the district court's reasoning as our own. We affirm.

AFFIRMED.


Summaries of

Upon the Petition of Rodriguez, 07-2174

Court of Appeals of Iowa
Dec 31, 2008
No. 8-826 / 07-2174 (Iowa Ct. App. Dec. 31, 2008)
Case details for

Upon the Petition of Rodriguez, 07-2174

Case Details

Full title:Upon the Petition of ANDRES RODRIGUEZ, Petitioner-Appellant, And…

Court:Court of Appeals of Iowa

Date published: Dec 31, 2008

Citations

No. 8-826 / 07-2174 (Iowa Ct. App. Dec. 31, 2008)